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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Roberson

HOUSE BILL NO. 701

AN ACT TO CREATE THE "FATHERHOOD BEGINS AT CONCEPTION ACT"; 1
TO AUTHORIZE COURT-ORDERED SUPPORT FOR PREGNANT WOMEN OUT OF 2
LAWFUL MATRIMONY; TO AMEND SECTION 93-9-3, MISSISSIPPI CODE OF 3
1972, TO CLARIFY THE AUTHORITY OF THE CHANCERY COURT TO AWARD 4
SUPPORT TO PREGNANT WOMEN OUT OF MATRIMONY; TO DEFINE UNBORN 5
CHILD; TO AMEND SECTION 93-9-7, MISSISSIPPI CODE OF 1972, TO 6
PROVIDE THAT THE OBLIGATIONS OF THE FATHER EXTEND TO THE SUPPORT 7
OF THE MOTHER OF AN UNBORN CHILD; TO AMEND SECTION 93-9-9, 8
MISSISSIPPI CODE OF 1972, TO INCLUDE PETITIONS FOR THE SUPPORT OF 9
THE MOTHER OF AN UNBORN CHILD; TO AMEND SECTION 93-9-11, 10
MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATION ON RECOVERY OF 11
SUPPORT FROM A FATHER; TO AMEND SECTION 93-9-13, MISSISSIPPI CODE 12
OF 1972, TO REVISE THE LIMITATION ON RECOVERY OF SUPPORT FROM A 13
FATHER'S ESTATE; TO AMEND SECTION 93-9-19, MISSISSIPPI CODE OF 14
1972, TO REMOVE THE PROHIBITION THAT PREGNANCY HALTS THE CUSTODY 15
OR SUPPORT HEARINGS; TO AMEND SECTION 93-9-28, MISSISSIPPI CODE OF 16
1972, TO REVISE THE PROCEDURES FOR VOLUNTARY ACKNOWLEDGEMENT OF 17
PATERNITY; TO AMEND SECTION 93-9-29, MISSISSIPPI CODE OF 1972, TO 18
PROVIDE THAT A COURT ORDER MAY INCLUDE THE SUPPORT OF THE MOTHER 19
OF AN UNBORN CHILD; TO AMEND SECTION 93-9-35, MISSISSIPPI CODE OF 20
1972, TO INCLUDE THE SUPPORT OF THE MOTHER OF AN UNBORN CHILD AS A 21
RESPONSIBILITY OF THE FATHER OF THE CHILD; TO AMEND SECTION 22
93-11-65, MISSISSIPPI CODE OF 1972, TO INCLUDE EXPENSES TO THE 23
PREGNANT MOTHER IN THE CUSTODY PROVISIONS; TO AMEND SECTION 24
93-11-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN ORDER OF 25
CHILD SUPPORT CAN INCLUDE SUPPORT OF THE PREGNANT MOTHER; TO AMEND 26
SECTIONS 93-11-101 AND 93-11-153, MISSISSIPPI CODE OF 1972, TO 27
INCLUDE SUPPORT OF THE PREGNANT MOTHER IN THE ORDER OF SUPPORT; TO 28
AMEND SECTION 43-19-31, MISSISSIPPI CODE OF 1972, TO REVISE THE 29
DUTIES OF THE CHILD SUPPORT UNIT TO INCLUDE THE SUPPORT OF 30
PREGNANT WOMEN; TO AMEND SECTION 43-19-33, MISSISSIPPI CODE OF 31
1972, TO PROVIDE THAT THE STIPULATED AGREEMENT BETWEEN A FATHER 32
AND THE PREGNANT WOMAN OF HIS UNBORN CHILD MAY INCLUDE THE SUPPORT 33
OF THE MOTHER; TO AMEND SECTION 43-19-35, MISSISSIPPI CODE OF 34
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1972, TO INCLUDE PREGNANT MOTHERS WHO RECEIVE GOVERNMENTAL 35
ASSISTANCE UNDER THE JURISDICTION OF THE CHILD SUPPORT UNIT; TO 36
AMEND SECTION 43-19-101, MISSISSIPPI CODE OF 1972, TO AUTHORIZE 37
THE COURT TO CONSIDER THE EXPENSES TO THE PREGNANT MOTHER FOR 38
CHILD SUPPORT; TO BRING FORWARD SECTION 93-9-15, MISSISSIPPI CODE 39
OF 1972, WHICH PROVIDES FOR THE JURISDICTION OF THE COURTS TO 40
PROVIDE REMEDIES FOR SUPPORT ORDERS INCLUDING PREGNANCY, FOR 41
PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 93-9-21, 42
MISSISSIPPI CODE OF 1972, WHICH PROVIDES BLOOD TESTS FOR PATERNITY 43
TESTING, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 44
93-5-24, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR TYPES OF 45
CUSTODY, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 46
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 47
SECTION 1. (1) This act shall be known and cited as "The 48
Fatherhood Begins at Conception Act." 49
(2) Any court-ordered award for a pregnant mother shall, at 50
a minimum, cover the medical expenses of the pregnant mother 51
during the pregnancy, the post pregnancy medical care of the 52
mother for no less than two (2) years after the birth of the 53
child, including any mental or dietary needs of the mother of the 54
child that can be reasonably traced by a physician as a result of 55
the mother having giving birth. The award guidelines described in 56
this section shall be a rebuttable presumption in all judicial or 57
administrative proceedings regarding the awarding or modifying of 58
support for mothers with unborn children out of wedlock in this 59
state. 60
(3) The guidelines provided for in subsection (1) of this 61
section apply unless the judicial or administrative body awarding 62
the support award makes a written finding or specific finding on 63
the record that the application of the guidelines would be unjust 64
or inappropriate in a particular case. 65
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(4) The amount of "adjusted gross income" for any father 66
against whom the support award is ordered shall be calculated as 67
follows: 68
(a) Determine gross income from all potential sources 69
that may reasonably be expected to be available to the absent 70
parent including, but not limited to, the following: wages and 71
salary income; income from self-employment; income from 72
commissions; income from investments, including dividends, 73
interest income and income on any trust account or property; 74
absent parent's portion of any joint income of both parents; 75
workers' compensation, disability, unemployment, annuity and 76
retirement benefits, including an Individual Retirement Account 77
(IRA); any other payments made by any person, private entity, 78
federal or state government or any unit of local government; 79
alimony; any income earned from an interest in or from inherited 80
property; any other form of earned income; and gross income shall 81
exclude any monetary benefits derived from a second household, 82
such as income of the absent parent's current spouse; 83
(b) Subtract the following legally mandated deductions: 84
(i) Federal, state and local taxes. Contributions 85
to the payment of taxes over and beyond the actual liability for 86
the taxable year shall not be considered a mandatory deduction; 87
(ii) Social security contributions; 88
(iii) Retirement and disability contributions 89
except any voluntary retirement and disability contributions; 90
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(c) If the father is subject to an existing court order 91
for another child or children, subtract the amount of that 92
court-ordered support; 93
(d) If the father is also the parent of another child 94
or other children residing with him, then the court may subtract 95
an amount that it deems appropriate to account for the needs of 96
said child or children; and 97
(e) Compute the total annual amount of adjusted gross 98
income based on paragraphs (a) through (d) of this subsection, 99
then divide this amount by twelve (12) to obtain the monthly 100
amount of adjusted gross income. 101
Upon conclusion of the calculation of paragraphs (a) through 102
(e) of this subsection, multiply the monthly amount of adjusted 103
gross income by the appropriate percentage designated in 104
subsection (1) of this section to arrive at the amount of the 105
monthly child-support award. 106
(5) In cases in which the adjusted gross income as defined 107
in this section is more than One Hundred Thousand Dollars 108
($100,000.00) or less than Ten Thousand Dollars ($10,000.00), the 109
court shall make a written finding in the record as to whether or 110
not the application of the guidelines established in this section 111
is reasonable. The court shall take into account the basic 112
subsistence needs of the father who has a limited ability to pay. 113
(6) Imputation of income shall not be based upon a standard 114
amount in lieu of fact-gathering. In the absence of specific 115
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sufficient evidence of past earnings and employment history to use 116
as the measure of a father's ability to pay, the recommended 117
support obligation amount should be based on available information 118
about the specific circumstances of the obligated parent. This 119
can include, but is not limited to, such factors as assets, 120
residence, job skills, educational attainment, literacy, age, 121
health, criminal record and other employment barriers, and record 122
of seeking work, as well as the local job market, the availability 123
of employers willing to hire the obligated parent, prevailing 124
earnings level in the local community, and other relevant factors 125
in the case. 126
SECTION 2. Section 93-9-3, Mississippi Code of 1972, is 127
amended as follows: 128
93-9-3. (1) Nothing herein contained shall be construed as 129
abridging the power and jurisdiction of the chancery courts of the 130
State of Mississippi, exercised over the estates of minors, nor as 131
an abridgment of the power and authority of said chancery courts 132
or the chancellor in vacation or chancery clerk in vacation to 133
appoint guardians for minors. The Uniform Law on Paternity shall 134
be so interpreted and construed as to effectuate its general 135
purpose to make uniform the laws of those states which enact it. 136
(2) The provisions herein shall be construed to provide 137
authority to the chancery courts of the State of Mississippi to 138
order the father of an unborn child out of lawful matrimony to 139
provide support to the mother of the unborn child out of lawful 140
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matrimony who asserts the paternity of a father. For purposes of 141
this chapter, the term "unborn child" means a child in the 142
mother's womb. 143
SECTION 3. Section 93-9-7, Mississippi Code of 1972, is 144
amended as follows: 145
93-9-7. * * * Any father of a child * * * born out of lawful 146
matrimony and any father of an unborn child out of lawful 147
matrimony shall be liable to the same extent as the father of a 148
child born * * * in lawful matrimony, whether or not the child is 149
born alive, for the reasonable expenses of the mother's physical 150
and mental prenatal care, pregnancy and confinement, and for the 151
education, necessary support and maintenance, and medical and 152
funeral expenses of the child. A child born out of lawful 153
matrimony also includes a child born to a married woman by a man 154
other than her lawful husband. 155
SECTION 4. Section 93-9-9, Mississippi Code of 1972, is 156
amended as follows: 157
93-9-9. (1) Paternity may be determined upon the petition 158
of the mother, or father, the child or any public authority 159
chargeable by law with the support of the child or an unborn 160
child; provided that such an adjudication after the death of the 161
defendant must be made only upon clear and convincing evidence. 162
If paternity has been lawfully determined, lawfully asserted by 163
the mother of an unborn child or has been acknowledged in writing 164
according to the laws of this state, the liabilities of the 165
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noncustodial parent may be enforced in the same or other 166
proceedings by the custodial parent, the child, or any public 167
authority which has furnished or may furnish the reasonable 168
expenses of pregnancy, confinement, education, necessary support 169
and maintenance, and medical or funeral expenses for the custodial 170
parent or the child. The trier of fact shall receive without the 171
need for third-party foundation testimony certified, attested or 172
sworn documentation as evidence of (a) childbirth records; (b) 173
cost of filing fees; (c) court costs; (d) services of process 174
fees; (e) mailing cost; (f) genetic tests and testing fees; (g) 175
the department's attorney's fees; (h) in cases where the state or 176
any of its entities or divisions have provided medical services to 177
the child or the child's mother, all costs of prenatal care, 178
birthing, postnatal care and any other medical expenses incurred 179
by the child or by the mother as a consequence of the mother's 180
pregnancy or delivery; and (i) funeral expenses. All costs and 181
fees shall be ordered paid to the Department of Human Services in 182
all cases successfully prosecuted with a minimum of Two Hundred 183
Fifty Dollars ($250.00) in attorney's fees or an amount determined 184
by the court without submitting an affidavit. Proceedings may be 185
instituted at any time until such child attains the age of 186
twenty-one (21) years unless the child has been emancipated as 187
provided in Section 93-5-23 and Section 93-11-65. In the event of 188
court-determined paternity, the surname of the child shall be that 189
of the father, unless the judgment specifies otherwise. 190
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(2) If the alleged father in an action to determine 191
paternity to which the Department of Human Services is a party 192
fails to appear for a scheduled hearing after having been served 193
with process or subsequent notice consistent with the Rules of 194
Civil Procedure, his paternity of the child(ren) shall be 195
established by the court if a written declaration in support of 196
establishing paternity made under penalty of perjury to the best 197
of her knowledge, information and belief by the mother averring 198
the alleged father's paternity of the child has accompanied the 199
complaint to determine paternity. The written declaration shall 200
constitute sufficient grounds for the court's finding of the 201
alleged father's paternity without the necessity of the presence 202
or testimony of the mother at the said hearing. The court shall, 203
upon motion by the Department of Human Services, enter a judgment 204
of paternity. Any person who shall willfully and knowingly file a 205
false affidavit or who shall willfully, intentionally and 206
knowingly file a false written declaration under penalty of 207
perjury shall be subject to a fine of not more than One Thousand 208
Dollars ($1,000.00). 209
(3) Upon application of both parents to the State Board of 210
Health and receipt by the State Board of Health of a sworn 211
acknowledgement of paternity executed by both parents subsequent 212
to the birth of a child born out of wedlock, the birth certificate 213
of the child shall be amended to show such paternity if paternity 214
is not shown on the birth certificate. Upon request of the 215
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parents for the legitimization of a child under this section, the 216
surname of the child shall be changed on the certificate to that 217
of the father. 218
(4) (a) A signed voluntary acknowledgment of paternity is 219
subject to the right of any signatory to rescind the 220
acknowledgment within the earlier of: 221
(i) One (1) year; or 222
(ii) The date of a judicial proceeding relating to 223
the child, including a proceeding to establish a support order, in 224
which the signatory is a party. 225
(b) After the expiration of the one-year period 226
specified in subsection (4)(a)(i) of this section, a signed 227
voluntary acknowledgment of paternity may be challenged in court 228
only on the basis of fraud, duress or material mistake of fact, 229
with the burden of proof upon the challenger; the legal 230
responsibilities, including child support obligations, of any 231
signatory arising from the acknowledgment may not be suspended 232
during the pendency of the challenge, except for good cause shown. 233
(c) During the one-year time period specified in 234
subsection (4)(a)(i) of this section, the alleged father may 235
request genetic testing through the Department of Human Services 236
in accordance with the provisions of Section 93-9-21. 237
(d) The one-year time limit, specified in subsection 238
(4)(a)(i) of this section, for the right of the alleged father to 239
rescind the signed voluntary acknowledgement of paternity shall be 240
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tolled from the date the alleged father files his formal 241
application for genetic testing with the Department of Human 242
Services until the date the test results are revealed to the 243
alleged father by the department. After the one-year time period 244
has expired, not including any period of time tolled for the 245
purpose of acquiring genetic testing through the department, the 246
provisions of subsection (4)(b) of this section shall apply. 247
SECTION 5. Section 93-9-11, Mississippi Code of 1972, is 248
amended as follows: 249
93-9-11. The father's liabilities for past education and 250
necessary support and maintenance and other expenses are limited 251
to a period of * * * three (3) years preceding the commencement of 252
an action. 253
SECTION 6. Section 93-9-13, Mississippi Code of 1972, is 254
amended as follows: 255
93-9-13. The obligation of the estate of the father for 256
liabilities under Section 93-9-7 * * * shall not be limited to 257
amounts accrued prior to his death. However, in order to hold the 258
estate of the father liable under Section 93-9-7, the action must 259
be filed within one (1) year after the death of the father or 260
within ninety (90) days after the first publication of notice to 261
creditors to present their claims, whichever is less. 262
SECTION 7. Section 93-9-19, Mississippi Code of 1972, is 263
amended as follows: 264
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93-9-19. If the issue of paternity is raised in an action 265
commenced during the pregnancy of the mother, the trial 266
shall * * * be held to determine expense of the mother and father. 267
SECTION 8. Section 93-9-28, Mississippi Code of 1972, is 268
amended as follows: 269
93-9-28. (1) The Mississippi State Department of Health in 270
cooperation with the Mississippi Department of Human Services 271
shall develop a form and procedure which may be used to secure a 272
voluntary acknowledgement of paternity from the mother and father 273
of any unborn child or child born out of wedlock in Mississippi. 274
The form shall clearly state on its face that the execution of the 275
acknowledgement of paternity shall result in the same legal effect 276
as if the father and mother had been married at the time of the 277
birth of the child. The form shall also clearly indicate the 278
right of the alleged father to request genetic testing through the 279
Department of Human Services within the one-year time period 280
specified in subsection (2)(a)(i) of this section and shall state 281
the adverse effects and ramifications of not availing himself of 282
this one-time opportunity to definitively establish the paternity 283
of the child. When such form has been completed according to the 284
established procedure and the signatures of both the mother and 285
father have been notarized, then such voluntary acknowledgement 286
shall constitute a full determination of the legal parentage of 287
the child. The completed voluntary acknowledgement of paternity 288
shall be filed with the Bureau of Vital Statistics of the 289
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Mississippi State Department of Health. The name of the father 290
shall be entered on the certificate of birth upon receipt of the 291
completed voluntary acknowledgement. 292
(2) (a) A signed voluntary acknowledgment of paternity is 293
subject to the right of any signatory to rescind the 294
acknowledgment within the earlier of: 295
(i) One (1) year; or 296
(ii) The date of a judicial proceeding relating to 297
the child, including a proceeding to establish a support order, in 298
which the signatory is a party. 299
(b) After the expiration of the one-year period 300
specified in subsection (2)(a)(i) of this section, a signed 301
voluntary acknowledgment of paternity may be challenged in court 302
only on the basis of fraud, duress, or material mistake of fact, 303
with the burden of proof upon the challenger; the legal 304
responsibilities, including child support obligations, of any 305
signatory arising from the acknowledgment may not be suspended 306
during the pendency of the challenge, except for good cause shown. 307
(c) During the one-year time period specified in 308
subsection (2)(a)(i) of this section, the alleged father may 309
request genetic testing through the Department of Human Services 310
in accordance with the provisions of Section 93-9-21. 311
(d) The one-year time limit, specified in subsection 312
(2)(a)(i) of this section, for the right of the alleged father to 313
rescind the signed voluntary acknowledgement of paternity shall be 314
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tolled from the date the alleged father files his formal 315
application for genetic testing with the Department of Human 316
Services until the date the test results are revealed to the 317
alleged father by the department. After the one-year time period 318
has expired, not including any period of time tolled for the 319
purpose of acquiring genetic testing through the department, the 320
provisions of subsection (2)(b) of this section shall apply. 321
(3) The Mississippi State Department of Health and the 322
Mississippi Department of Human Services shall cooperate to 323
establish procedures to facilitate the voluntary acknowledgement 324
of paternity by both father and mother at the time of the birth of 325
any child born out of wedlock. Such procedures shall establish 326
responsibilities for each of the departments and for hospitals, 327
birthing centers, midwives, and/or other birth attendants to seek 328
and report voluntary acknowledgements of paternity. In 329
establishing such procedures, the departments shall provide for 330
obtaining the social security account numbers of both the father 331
and mother on voluntary acknowledgements. 332
(4) Upon the birth of a child out of wedlock, the hospital, 333
birthing center, midwife or other birth attendant shall provide an 334
opportunity for the child's mother and natural father to complete 335
an acknowledgement of paternity by giving the mother and natural 336
father the appropriate forms and information developed through the 337
procedures established in subsection (3). The hospital, birthing 338
center, midwife or other birth attendant shall be responsible for 339
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providing printed information, and audio visual material if 340
available, related to the acknowledgement of paternity, and shall 341
be required to provide notary services needed for the completion 342
of acknowledgements of paternity. The information described above 343
shall be provided to the mother and natural father, if present and 344
identifiable, within twenty-four (24) hours of birth or before the 345
mother is released. Such information, including forms, brochures, 346
pamphlets, video tapes and other media, shall be provided at no 347
cost to the hospital, birthing center or midwife by the 348
Mississippi State Department of Health, the Department of Human 349
Services or other appropriate agency. 350
SECTION 9. Section 93-9-29, Mississippi Code of 1972, is 351
amended as follows: 352
93-9-29. (1) If the finding be against the defendant, the 353
court shall make an order of filiation, declaring paternity and 354
for the support and education of the child, and for the support 355
and expenses of the pregnant mother, if applicable. 356
(2) The order of filiation shall specify the sum to be paid 357
weekly or otherwise. In addition to providing for the support and 358
education, the order shall also provide for the funeral expenses 359
if the child has died; for the support of the child prior to the 360
making of the order of filiation; support of the mother and unborn 361
child and such other expenses as the court may deem proper. In 362
the event the defendant has health insurance available to him 363
through an employer or organization that may extend benefits to 364
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the mother of the unborn child or dependents of such defendant, 365
the order of filiation may require the defendant to exercise the 366
option of additional coverage in favor of the child he is legally 367
responsible to support. 368
(3) The court may require the payment to be made to the 369
mother, or to some person or corporation to be designated by the 370
court as trustee, but if the child is or is likely to become a 371
public charge on a county or the state, the public welfare agent 372
of that county shall be made the trustee. The payment shall be 373
directed to be made to a trustee if the mother does not reside 374
within the jurisdiction of the court. The trustee shall report to 375
the court annually, or oftener as directed by the court, the 376
amounts received and paid over. 377
SECTION 10. Section 93-9-35, Mississippi Code of 1972, is 378
amended as follows: 379
93-9-35. (1) If a mother of a natural child be possessed of 380
property and shall fail to support and educate her child, the 381
court having jurisdiction, on the application of the guardian or 382
next friend of the child or, if the child shall receive Temporary 383
Assistance for Needy Families (TANF) benefits or other financial 384
assistance, of the county human services agent or youth counselor, 385
may examine into the matter and after a hearing may make an order 386
charging the mother with the payment of money weekly or otherwise 387
for the support and education of the child. 388
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(2) The court may require the mother to give security, by 389
bond or other security, with sufficient sureties approved by the 390
court, for the payment of the order. In default of such security, 391
when required, the court may commit her to jail, or put her on 392
probation. At any time within one (1) year she may be discharged 393
from jail, but her liability to pay the judgment shall not be 394
thereby affected. 395
(3) Nothing in this section shall be deemed to relieve the 396
father from liability for support and education of the child or 397
the support of the mother of the unborn child in accordance with 398
the provisions of Sections 93-9-1 through 93-9-49. 399
SECTION 11. Section 93-11-65, Mississippi Code of 1972, is 400
amended as follows: 401
93-11-65. (1) (a) In addition to the right to proceed 402
under Section 93-5-23, Mississippi Code of 1972, and in addition 403
to the remedy of habeas corpus in proper cases, and other existing 404
remedies, the chancery court of the proper county shall have 405
jurisdiction to entertain suits for the custody, care, support and 406
maintenance of minor children, the care, support and medical 407
expenses of the mother of the unborn child and to hear and 408
determine all such matters, and shall, if need be, require bond, 409
sureties or other guarantee to secure any order for periodic 410
payments for the maintenance or support of a child. In the event 411
a legally responsible parent has health insurance available to him 412
or her through an employer or organization that may extend 413
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benefits to the dependents of such parent, any order of support 414
issued against such parent may require him or her to exercise the 415
option of additional coverage in favor of such children as he or 416
she is legally responsible to support. Proceedings may be brought 417
by or against a resident or nonresident of the State of 418
Mississippi, whether or not having the actual custody of minor 419
children, for the purpose of judicially determining the legal 420
custody of a child. All actions herein authorized may be brought 421
in the county where the child is actually residing, or in the 422
county of the residence of the party who has actual custody, or of 423
the residence of the defendant. Process shall be had upon the 424
parties as provided by law for process in person or by 425
publication, if they be nonresidents of the state or residents of 426
another jurisdiction or are not found therein after diligent 427
search and inquiry or are unknown after diligent search and 428
inquiry; provided that the court or chancellor in vacation may fix 429
a date in termtime or in vacation to which process may be 430
returnable and shall have power to proceed in termtime or 431
vacation. Provided, however, that if the court shall find that 432
both parties are fit and proper persons to have custody of the 433
children, and that either party is able to adequately provide for 434
the care and maintenance of the children, the chancellor may 435
consider the preference of a child of twelve (12) years of age or 436
older as to the parent with whom the child would prefer to live in 437
determining what would be in the best interest and welfare of the 438
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child. The chancellor shall place on the record the reason or 439
reasons for which the award of custody was made and explain in 440
detail why the wishes of any child were or were not honored. 441
(b) An order of child support shall specify the sum to 442
be paid weekly or otherwise. In addition to providing for support 443
and education, the order shall also provide for the support of the 444
child prior to the making of the order for child support, and such 445
other expenses as the court may deem proper. 446
(c) The court may require the payment to be made to the 447
custodial parent, or to some person or corporation to be 448
designated by the court as trustee, but if the child or custodial 449
parent is receiving public assistance, the Department of Human 450
Services shall be made the trustee. 451
(d) The noncustodial parent's liabilities for past 452
education and necessary support and maintenance and other expenses 453
are limited to a period of one (1) year next preceding the 454
commencement of an action. 455
(2) Provided further, that where the proof shows that both 456
parents have separate incomes or estates, the court may require 457
that each parent contribute to the support and maintenance of the 458
children in proportion to the relative financial ability of each. 459
(3) Whenever the court has ordered a party to make periodic 460
payments for the maintenance or support of a child, but no bond, 461
sureties or other guarantee has been required to secure such 462
payments, and whenever such payments as have become due remain 463
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unpaid for a period of at least thirty (30) days, the court may, 464
upon petition of the person to whom such payments are owing, or 465
such person's legal representative, enter an order requiring that 466
bond, sureties or other security be given by the person obligated 467
to make such payments, the amount and sufficiency of which shall 468
be approved by the court. The obligor shall, as in other civil 469
actions, be served with process and shall be entitled to a hearing 470
in such case. 471
(4) When a charge of abuse or neglect of a child first 472
arises in the course of a custody or maintenance action pending in 473
the chancery court pursuant to this section, the chancery court 474
may proceed with the investigation, hearing and determination of 475
such abuse or neglect charge as a part of its hearing and 476
determination of the custody or maintenance issue as between the 477
parents, as provided in Section 43-21-151, notwithstanding the 478
other provisions of the Youth Court Law. The proceedings in 479
chancery court on the abuse or neglect charge shall be 480
confidential in the same manner as provided in youth court 481
proceedings, and the chancery court shall appoint a guardian ad 482
litem in such cases, as provided under Section 43-21-121 for youth 483
court proceedings, who shall be an attorney. In determining 484
whether any portion of a guardian ad litem's fee shall be assessed 485
against any party or parties as a cost of court for reimbursement 486
to the county, the court shall consider each party's individual 487
ability to pay. Unless the chancery court's jurisdiction has been 488
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terminated, all disposition orders in such cases for placement 489
with the Department of Human Services shall be reviewed by the 490
court or designated authority at least annually to determine if 491
continued placement with the department is in the best interest of 492
the child or the public. 493
(5) Each party to a paternity or child support proceeding 494
shall notify the other within five (5) days after any change of 495
address. In addition, the noncustodial and custodial parent shall 496
file and update, with the court and with the state case registry, 497
information on that party's location and identity, including 498
social security number, residential and mailing addresses, 499
telephone numbers, photograph, driver's license number, and name, 500
address and telephone number of the party's employer. This 501
information shall be required upon entry of an order or within 502
five (5) days of a change of address. 503
(6) In any case subsequently enforced by the Department of 504
Human Services pursuant to Title IV-D of the Social Security Act, 505
the court shall have continuing jurisdiction. 506
(7) In any subsequent child support enforcement action 507
between the parties, upon sufficient showing that diligent effort 508
has been made to ascertain the location of a party, due process 509
requirements for notice and service of process shall be deemed to 510
be met with respect to the party upon delivery of written notice 511
to the most recent residential or employer address filed with the 512
state case registry. 513
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(8) (a) The duty of support of a child terminates upon the 514
emancipation of the child. Unless otherwise provided for in the 515
underlying child support judgment, emancipation shall occur when 516
the child: 517
(i) Attains the age of twenty-one (21) years, or 518
(ii) Marries, or 519
(iii) Joins the military and serves on a full-time 520
basis, or 521
(iv) Is convicted of a felony and is sentenced to 522
incarceration of two (2) or more years for committing such 523
felony; * * * 524
(b) Unless otherwise provided for in the underlying 525
child support judgment, the court may determine that emancipation 526
has occurred and no other support obligation exists when the 527
child: 528
(i) Discontinues full-time enrollment in school 529
having attained the age of eighteen (18) years, unless the child 530
is disabled, or 531
(ii) Voluntarily moves from the home of the 532
custodial parent or guardian, establishes independent living 533
arrangements, obtains full-time employment and discontinues 534
educational endeavors prior to attaining the age of twenty-one 535
(21) years, or 536
(iii) Cohabits with another person without the 537
approval of the parent obligated to pay support; * * * 538
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(c) The duty of support of a child who is incarcerated 539
but not emancipated shall be suspended for the period of the 540
child's incarceration. 541
(9) A determination of emancipation does not terminate any 542
obligation of the noncustodial parent to satisfy arrearage 543
existing as of the date of emancipation; the total amount of 544
periodic support due prior to the emancipation plus any periodic 545
amounts ordered paid toward the arrearage shall continue to be 546
owed until satisfaction of the arrearage in full, in addition to 547
the right of the person for whom the obligation is owed to execute 548
for collection as may be provided by law. 549
(10) Upon motion of a party requesting temporary child 550
support pending a determination of parentage, temporary support 551
shall be ordered if there is clear and convincing evidence of 552
paternity on the basis of genetic tests or other evidence, unless 553
the court makes written findings of fact on the record that the 554
award of temporary support would be unjust or inappropriate in a 555
particular case. 556
(11) Custody and visitation upon military temporary duty, 557
deployment or mobilization shall be governed by Section 93-5-34. 558
SECTION 12. Section 93-11-71, Mississippi Code of 1972, is 559
amended as follows: 560
93-11-71. (1) Whenever a court orders any person to make 561
periodic payments of a sum certain for the maintenance or support 562
of a child, or the care and expenses of the mother of an unborn 563
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child and whenever such payments as have become due remain unpaid 564
for a period of at least thirty (30) days, a judgment by operation 565
of law shall arise against the obligor in an amount equal to all 566
payments that are then due and owing. 567
(a) A judgment arising under this section shall have 568
the same effect and be fully enforceable as any other judgment 569
entered in this state. A judicial or administrative action to 570
enforce the judgment may be begun at any time; and 571
(b) Such judgments arising in other states by operation 572
of law shall be given full faith and credit in this state. 573
(2) Any judgment arising under the provisions of this 574
section shall operate as a lien upon all the property of the 575
judgment debtor, both real and personal, which lien shall be 576
perfected as to third parties without actual notice thereof only 577
upon enrollment on the judgment roll. The department or attorney 578
representing the party to whom support is owed shall furnish an 579
abstract of the judgment for periodic payments for the maintenance 580
and support of a child, along with sworn documentation of the 581
delinquent child support, to the circuit clerk of the county where 582
the judgment is rendered, and it shall be the duty of the circuit 583
clerk to enroll the judgment on the judgment roll. Liens arising 584
under the provisions of this section may be executed upon and 585
enforced in the same manner and to the same extent as any other 586
judgment. 587
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(3) Notwithstanding the provisions in subsection (2) of this 588
section, any judgment arising under the provisions of this section 589
shall subject the following assets to interception or seizure 590
without regard to the entry of the judgment on the judgment roll 591
of the situs district or jurisdiction and such assets shall apply 592
to all child support owed including all arrears: 593
(a) Periodic or lump-sum payments from a federal, state 594
or local agency, including unemployment compensation, workers' 595
compensation and other benefits; 596
(b) Winnings from lotteries and gaming winnings that 597
are received in periodic payments made over a period in excess of 598
thirty (30) days; 599
(c) Assets held in financial institutions; 600
(d) Settlements and awards resulting from civil 601
actions; 602
(e) Public and private retirement funds, only to the 603
extent that the obligor is qualified to receive and receives a 604
lump-sum or periodic distribution from the funds; 605
(f) Lump-sum payments as defined in Section 93-11-101; 606
and 607
(g) Unclaimed property as described in Section 89-12-1 608
et seq. 609
(4) Notwithstanding the provisions of subsections (1) and 610
(2) of this section, upon disestablishment of paternity granted 611
pursuant to Section 93-9-10 and a finding of clear and convincing 612
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evidence including negative DNA testing that the obligor is not 613
the biological father of the child or children for whom support 614
has been ordered, the court shall disestablish paternity and may 615
forgive any child support arrears of the obligor for the child or 616
children determined by the court not to be the biological child or 617
children of the obligor, if the court makes a written finding 618
that, based on the totality of the circumstances, the forgiveness 619
of the arrears is equitable under the circumstances. 620
(5) In any case in which a child receives assistance from 621
block grants for Temporary Assistance for Needy Families (TANF), 622
and the obligor owes past-due child support, the obligor, if not 623
incapacitated, may be required by the court to participate in any 624
work programs offered by any state agency. 625
(6) A parent who receives social security disability 626
insurance payments who is liable for a child support arrearage and 627
whose disability insurance benefits provide for the payment of 628
past due disability insurance benefits for the support of the 629
minor child or children for whom the parent owes a child support 630
arrearage shall receive credit toward the arrearage for the 631
payment or payments for the benefit of the minor child or children 632
if the arrearage accrued after the date of disability onset as 633
determined by the Social Security Administration. 634
SECTION 13. Section 93-11-101, Mississippi Code of 1972, is 635
amended as follows: 636
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93-11-101. As used in Sections 93-11-101 through 93-11-119, 637
the following words shall have the meaning ascribed to them herein 638
unless the context clearly requires otherwise: 639
(a) "Order for support" means any order of the 640
chancery, circuit, county or family court, which provides for 641
periodic payment of funds for the support of a child, or for 642
periodic payment of funds for the support of the mother of the 643
unborn child, whether temporary or final, and includes any such 644
order which provides for: 645
(i) Modification or resumption of, or payment of 646
arrearage accrued under, a previously existing order; or 647
(ii) Reimbursement of support. 648
"Order for support" shall also mean: 649
(i) An order for support and maintenance of a 650
spouse if a minor child is living with such spouse; * * * 651
(ii) In actions to which the Department of Human 652
Services is a party, an order for support and maintenance of a 653
spouse if a minor child is living with such spouse and such 654
maintenance is collected in conjunction with child support * * *; 655
or 656
(iii) An order for support of the mother during 657
and after the pregnancy, which may include mental, physical and 658
dietary health expenses. 659
(b) "Court" means the court that enters an order for 660
withholding pursuant to Section 93-11-103(1). 661
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(c) "Clerk of the court" means the clerk of the court 662
that enters an order for withholding pursuant to Section 663
93-11-103(1). 664
(d) "Arrearage" means the total amount of unpaid 665
support obligations. 666
(e) "Delinquency" means any payments that are ordered 667
by any court to be paid by a noncustodial parent for the support 668
of a child that have remained unpaid for at least thirty (30) days 669
after payment is due. Delinquency shall also include payments 670
that are ordered by any court to be paid for maintenance of a 671
spouse in cases in which the department is collecting such support 672
in conjunction with child support. "Delinquency" shall be 673
synonymous with "overdue support." 674
(f) "Department" means the Mississippi Department of 675
Human Services. 676
(g) "Employer" means a person who has control of the 677
payment of income to an individual. 678
(h) "Income" means any form of periodic payment to an 679
individual, regardless of source, including, but not limited to: 680
wages, salary, commission, compensation as an independent 681
contractor, workers' compensation, disability, annuity and 682
retirement benefits, and any other payments made by any person, 683
private entity, federal or state government or any unit of local 684
government, notwithstanding any other provisions of state or local 685
law which limit or exempt income or the amount or percentage of 686
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income that can be withheld; provided, however, that income 687
excludes: 688
(i) Any amounts required by law to be withheld, 689
other than creditor claims, including, but not limited to, 690
federal, state and local taxes, social security and other 691
retirement and disability contributions; 692
(ii) Any amounts exempted by federal law; 693
(iii) Public assistance payments; and 694
(iv) Unemployment insurance benefits except as 695
provided by law. 696
(i) "Obligor" means the individual who owes a duty to 697
make payments under an order for support. 698
(j) "Obligee" means: 699
(i) An individual to whom a duty of support is or 700
is alleged to be owed or in whose favor a support order has been 701
issued or a judgment determining parentage has been rendered; 702
(ii) A state or political subdivision to which the 703
rights under a duty of support or support order have been assigned 704
or which independent claims based on financial assistance provided 705
to an individual obligee; or 706
(iii) An individual seeking a judgment determining 707
parentage of the individual's child. 708
(k) "Payor" means any payor of income to an obligor. 709
(l) "Lump-sum payment" means any form of income paid to 710
an individual at other than regular intervals or a payment made 711
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upon a particular occasion regardless of frequency that is 712
dependent upon meeting a condition precedent, including, but not 713
limited to, the performance of a contract, commission paid outside 714
of and in addition to a person's regular pay cycle, the 715
satisfaction of a job performance standard or quota, the receipt 716
of a seasonal or occasional bonus or incentive payment, the 717
liquidation of unused sick or vacation pay or leave, the 718
settlement of a claim, an amount paid as severance pay, or an 719
award for length of service. "Lump-sum payment" shall not include 720
liens under Section 71-3-129. 721
SECTION 14. Section 93-11-153, Mississippi Code of 1972, is 722
amended as follows: 723
93-11-153. As used in Sections 93-11-151 through 93-11-163, 724
the following words and terms shall have the meanings ascribed 725
herein: 726
(a) "Licensing entity" or "entity" means any entity 727
specified in Title 73, Professions and Vocations, of the 728
Mississippi Code, and includes the Mississippi Department of 729
Public Safety with respect to driver's licenses, the 730
Mississippi * * * Department of Revenue with respect to licenses 731
for the sale of alcoholic beverages and other licenses or 732
registration authorizing a person to engage in a business, the 733
Mississippi Department of Wildlife, Fisheries and Parks with 734
respect to hunting and fishing licenses, and any other state 735
agency that issues a license authorizing a person to engage in a 736
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business, occupation or profession. For the purposes of this 737
article, the Supreme Court shall be considered to be the licensing 738
entity for attorneys. 739
(b) "License" means a license, certificate, permit, 740
credential, registration, or any other authorization issued by a 741
licensing entity that allows a person to engage in a business, 742
occupation or profession, to operate a motor vehicle, to sell 743
alcoholic beverages, or to hunt and fish. 744
(c) "Licensee" means any person holding a license 745
issued by a licensing entity. 746
(d) "Order for support" means any judgment or order 747
that provides for payments of a sum certain for the support of a 748
child, the mother of an unborn child, whether it is temporary or 749
final, and includes, but is not limited to, an order for 750
reimbursement for public assistance or an order for making 751
periodic payments on a support arrearage, or a sum certain due for 752
a support arrearage. 753
(e) "Out of compliance with an order for support" means 754
that the obligor is at least thirty (30) days in arrears or 755
delinquent in making payments in full for current support, or in 756
making periodic payments on a support arrearage. 757
(f) "Department" means the Mississippi Department of 758
Human Services. 759
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(g) "Division" means the division within the department 760
that is charged with the state administration of Title IV-D of the 761
Social Security Act. 762
(h) "Delinquency" means any payments of a sum certain 763
ordered by any court to be paid by a noncustodial parent for the 764
support of a child that have remained unpaid for at least thirty 765
(30) days after payment is due. Delinquency shall also include 766
payments of a sum certain ordered by any court to be paid for 767
maintenance of a spouse that have remained unpaid for at least 768
thirty (30) days. 769
SECTION 15. Section 43-19-31, Mississippi Code of 1972, is 770
amended as follows: 771
43-19-31. The Department of Human Services is hereby 772
authorized and empowered to establish a single and separate Child 773
Support Unit for the following purposes: 774
(a) To develop and implement a nonsupport and paternity 775
program and institute proceedings in the name of the Department of 776
Human Services or in the name of the recipient in any court of 777
competent jurisdiction in any county where the mother of the child 778
resides or is found, in the county where the father resides or is 779
found, or in the county where the child resides or is found; 780
(b) To secure and collect support by any method 781
authorized under state law and establish paternity for any 782
pregnant woman, a child or children receiving aid from the 783
department any form of public assistance, including, but not 784
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limited to, medical assistance, foster care, food stamps, TANF, or 785
any other program under the federal Social Security Act, from a 786
parent or any other person legally liable for such support who has 787
either failed or refused to provide support, deserted, neglected 788
or abandoned the child or children, including cooperating with 789
other states in establishing paternity, locating absent parents 790
and securing compliance with court orders for support of Temporary 791
Assistance for Needy Families (TANF) children; the department may 792
petition the court for the inclusion of health insurance as part 793
of any child support order on behalf of any child receiving aid 794
from the department unless good cause for noncooperation, as 795
defined by the Social Security Act or the Mississippi Department 796
of Human Services, is established. Unless notified to the 797
contrary, whenever a child or children for whom child support 798
services have been provided ceases to receive public assistance, 799
the department will continue to provide services and establish 800
paternity, secure and collect such support payments from a parent 801
or any other person legally liable for such support in accordance 802
with the standards prescribed pursuant to the federal Social 803
Security Act; 804
(c) To accept applications for child support 805
enforcement services to establish paternity, secure and collect 806
support from any proper party or person as defined by Title IV-D 807
of the federal Social Security Act notwithstanding the fact that 808
the child or children do not currently receive or have never 809
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received public assistance. The department shall have the 810
authority to secure and collect support by any method authorized 811
under state law and establish paternity for any child or children 812
on behalf of a recipient of child support services, including 813
individuals who do not currently receive or have never received 814
public assistance from a parent or any other person legally liable 815
for such support who has either failed or refused to provide 816
support, deserted, neglected or abandoned the child or children, 817
including cooperating with other states in establishing paternity, 818
locating absent parents and securing compliance with court orders 819
for support; the department may petition the court for the 820
inclusion of health insurance as part of any child support order 821
on behalf of such recipients of child support services. The 822
proceeds of any collections resulting from such application shall 823
be distributed in accordance with the standards prescribed in the 824
federal Social Security Act; 825
(d) The department shall seek to recover from the 826
individual who owes a support obligation to any individual who is 827
a recipient of Title IV-D services as set forth in paragraph (b) 828
or (c) on whose behalf the department is providing services, upon 829
judicial proceedings conducted thereon after advance notice to 830
such obligor, reasonable attorney's fees and court costs, in 831
excess of any administrative fees collected and in excess of 832
amounts of current support owed by the obligor, which the 833
department incurs in recovering and collecting the support 834
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obligation, such costs and fees as the department recovers to be 835
deposited in the Special Fund of the Mississippi Department of 836
Human Services which is hereby established for the pursuit and 837
collection of child support; 838
(e) To initiate contempt of court proceedings or any 839
other remedial proceedings necessary to enforce (i) any order or 840
decree of court relating to child support, and (ii) any order or 841
decree of court relating to the maintenance and/or alimony of a 842
parent where support collection services on his or her child's 843
behalf are being provided by the department; 844
(f) To secure and collect by any method authorized 845
under state law any maintenance and/or alimony on behalf of a 846
parent whose child or children's support is being collected by the 847
department. The department shall collect only such maintenance 848
and/or alimony as is ordered or decreed by the court, and only in 849
the event that the minor child and parent to whom such maintenance 850
and/or alimony has been ordered are living in the same household; 851
(g) To obtain restitution of monies expended for public 852
assistance from a parent or any other person legally liable for 853
the support of any child or children receiving aid from the 854
department; said action for restitution shall arise from the 855
payment of public assistance for the dependent child or children 856
and shall be for the amount of the public assistance paid. Said 857
action for restitution shall not arise against the parent or other 858
person legally responsible who receives public assistance for the 859
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benefit of any dependent child or children. When a court order of 860
support has been issued, the amount recoverable shall be limited 861
to the amount of the court order; 862
(h) Setting off against a debtor's income tax refund or 863
rebate any debt which is in the form of a liquidated sum due and 864
owing for the care, support or maintenance of a child; 865
(i) To have full responsibility in the aforementioned 866
cases for initiating actions under the Uniform Interstate Family 867
Support Act and for responding to the actions of other 868
jurisdictions under said law when Mississippi is the responding 869
state; however, this shall not impair private litigants' rights to 870
proceed under any applicable interstate enforcement mechanisms; 871
(j) To enter into contracts for the purpose of 872
performing any test which the department may, from time to time, 873
require; 874
(k) To maintain a Central Receipting and Disbursement 875
Unit to which all payments required by withholding orders and 876
orders for support in all actions to which the Department of Human 877
Services is a party shall be forwarded, and from which child 878
support payments ordered by the court in actions to which the 879
Department of Human Services is a party shall be disbursed to the 880
custodial parent or other such party as may be designated by the 881
court order. The Central Receipting and Disbursement Unit shall 882
be operated by the Department of Human Services or any financial 883
institution having operations and qualified to do business in 884
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Mississippi, whose deposits are insured by the Federal Deposit 885
Insurance Corporation. The department shall conduct cost-benefit 886
analyses to determine and utilize the more cost efficient manner 887
of operating the unit; 888
(l) To maintain a Mississippi Department of Human 889
Services Case Registry containing records with respect to: 890
(i) Each case in which services are being provided 891
by the department under this section; 892
(ii) Each support order established or modified in 893
Mississippi on or after October 1, 1998; and 894
(iii) The Administrative Office of Courts, as 895
established by Section 9-21-1, Mississippi Code of 1972, in 896
consultation with the Mississippi Department of Human Services, 897
shall devise, promulgate and require the use of a Uniform Child 898
Support Order Tracking System. 899
1. Information collected from case filing 900
forms shall be furnished to the Mississippi Department of Human 901
Services, Division of Child Support Enforcement, in order that 902
compliance with court-ordered obligations of support may be 903
tracked with specificity throughout the duration of said 904
obligations and any subsequent proceedings. 905
2. Such tracking system shall include: a. 906
the names, residential and mailing addresses, telephone numbers, 907
Social Security numbers, driver's license numbers and dates of 908
birth of each child and parent named in or subject to the court 909
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order; b. the court cause number of the action; c. name, address 910
and telephone number of employer; d. any restraining or protective 911
order indicating domestic violence; and e. any other information 912
which may be used for the purpose of identifying any person named 913
in or subject to the order or for the purposes of establishing, 914
enforcing or modifying a child support order; 915
(m) To take administrative actions relating to genetic 916
testing, determine paternity, establish child support orders, 917
modification of child support orders, income withholding, liens 918
and subpoenas without the necessity of obtaining an order from any 919
judicial or other administrative tribunal with respect to cases 920
initiated or enforced by the department pursuant to Title IV-D of 921
the Social Security Act; 922
(n) To have the authority to use high-volume automated 923
administrative enforcement in interstate cases to the same extent 924
as used for intrastate cases, in response to a request made by 925
another state to enforce support orders; 926
(o) To provide any child support enforcement or other 927
service as may be required by the United States of America, 928
Department of Health and Human Services, Family Support 929
Administration, Office of Child Support Enforcement or their 930
successor pursuant to federal law or regulation; and 931
(p) To collaborate with the Office of the State 932
Treasurer in order to identify persons presumed to have unclaimed 933
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property and intercept eligible unclaimed property to satisfy, 934
fully or partially, the person's child support arrearage. 935
SECTION 16. Section 43-19-33, Mississippi Code of 1972, is 936
amended as follows: 937
43-19-33. (1) In lieu of legal proceedings instituted to 938
obtain support for a dependent child from the responsible parent, 939
a written stipulated agreement to support * * * the child and/or 940
the pregnant mother of an unborn child by periodic payments 941
executed by the responsible parent when acknowledged before a 942
clerk of the court having jurisdiction over such matters or a 943
notary public and filed with and approved by the judge of the 944
court having jurisdiction over such matters shall have the same 945
force and effect, retroactively and prospectively, in accordance 946
with the terms of said agreement as an order of support entered by 947
the court, and shall be enforceable and subject to modification in 948
the same manner as is provided by law for orders of the court in 949
such cases. 950
(2) In lieu of legal proceedings instituted to establish 951
paternity, a written admission of paternity containing a 952
stipulated agreement of support executed by the putative father of 953
the dependent child, when accompanied by a written declaration in 954
support of establishing paternity provided under penalty of 955
perjury to the best of her knowledge, information and belief by 956
the mother of the dependent child, when acknowledged by the 957
putative father before a clerk of the court having jurisdiction 958
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over such matters or a notary public and filed with and approved 959
by the judge of the court having jurisdiction over such matters, 960
shall have the same force and effect, retroactively and 961
prospectively, in accordance with the terms of said agreement, as 962
an order of filiation and support entered by the court, and shall 963
be enforceable and subject to modification in the same manner as 964
is provided by law for orders of the court in such cases. 965
(3) At any time after filing with the court having 966
continuing jurisdiction of such matters of an acknowledgment of 967
paternity in which a provision of support has not been entered, 968
upon notice the defendant shall be required to appear in court at 969
any time and place named therein, to show cause, if any he can, 970
why the court should not enter an order for the support of the 971
child by periodic payments. The order may include provisions for 972
reimbursement for medical expenses incident to the pregnancy and 973
the birth of the child, accrued maintenance and reasonable 974
expenses of the action under this subsection on the acknowledgment 975
of paternity previously filed with said court. Notice by the 976
department to the defendant shall be given by certified mail, 977
restricted delivery, return receipt requested at his last known 978
mailing address and without the requirement of a summons being 979
issued, and shall be deemed complete as of the date of delivery as 980
evidenced by the return receipt. The required notice may also be 981
delivered by personal service in accordance with Rule 4 of the 982
Mississippi Rules of Civil Procedure insofar as service of an 983
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administrative order or notice is concerned. Provided, that in 984
the case of a child who, upon reaching the age of twenty-one (21) 985
years, is mentally or physically incapable of self-support, the 986
putative father shall not be relieved of the duty of support 987
unless said child is a long-term patient in a facility owned or 988
operated by the State of Mississippi. The prior judgment as to 989
paternity shall be res judicata as to that issue and shall not be 990
reconsidered by the court. 991
(4) Such agreements of support, acknowledgments, 992
declarations and affirmations of paternity and support shall be 993
binding on the person executing the same whether he be an adult or 994
a minor and may include provisions for the reimbursement of 995
medical expenses incident to the pregnancy and birth of the child, 996
accrued maintenance and reasonable expenses of any action 997
previously filed before the court. 998
(5) In lieu of legal proceedings instituted to enforce an 999
order for support, a written stipulated agreement for the 1000
provision of periodic payments towards an arrearage executed by 1001
the defendant when acknowledged before a clerk of the court having 1002
jurisdiction over such matters or a notary public and filed with 1003
and approved by the judge of the court having jurisdiction over 1004
such matters shall have the same force and effect, retroactively 1005
and prospectively, in accordance with the terms of said agreement 1006
as a judgment for overdue support entered by the court, and shall 1007
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be enforceable and subject to modification in the same manner as 1008
is provided by law for orders of the court in such cases. 1009
(6) All agreements entered into under the provisions as set 1010
forth hereinabove shall be filed by the clerk of the court having 1011
jurisdiction over such matters in the county in which they are 1012
entered and filing fees shall be taxed to the responsible parent. 1013
SECTION 17. Section 43-19-35, Mississippi Code of 1972, is 1014
amended as follows: 1015
43-19-35. (1) By currently or previously accepting public 1016
assistance or making application for child support services for 1017
and on behalf of a child or children or as a result of being 1018
pregnant with an unborn child, the recipient shall be deemed to 1019
have made an assignment to the State Department of Human Services 1020
of any and all rights and interests in any cause of action, past, 1021
present or future, that said recipient or the children may have 1022
against any parent failing to provide for the support and 1023
maintenance of said minor child or children; said department shall 1024
be subrogated to any and all rights, title and interest the 1025
recipient or the children may have against any and all property 1026
belonging to the absent or nonsupporting parent in the enforcement 1027
of any claim for child or spousal support, whether liquidated 1028
through court order or not. The recipient of Title IV-D services 1029
shall also be deemed, without the necessity of signing any 1030
document, to have appointed the State Department of Human Services 1031
to act in his or her, as well as the children's, name, place, and 1032
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stead to perform the specific act of instituting suit to establish 1033
paternity or secure support, collecting any and all amounts due 1034
and owing for child or spousal support or any other service as 1035
required or permitted under Title IV-D of the federal Social 1036
Security Act, and endorsing any and all drafts, checks, money 1037
orders or other negotiable instruments representing child or 1038
spousal support payments which are received on behalf of the 1039
recipient or the children, and retaining any portion thereof 1040
permitted under federal and state statutes as reimbursement for 1041
public assistance monies previously paid to the recipient or 1042
children. 1043
(2) Court orders of support for any child * * *, children or 1044
mother of an unborn child receiving services through Title IV-D of 1045
the federal Social Security Act shall be amended, by operation of 1046
law, and without the necessity of a motion by the Child Support 1047
Unit and a hearing thereon to provide that the payment of support 1048
shall be directed by the absent parent to the Mississippi 1049
Department of Human Services Central Receipting and Disbursement 1050
Unit as provided in Section 43-19-37 and not to the recipient. 1051
The absent parent shall be notified of such amendment prior to it 1052
taking effect. 1053
(3) Any attorney authorized by the state to initiate any 1054
action pursuant to Title IV-D of the federal Social Security Act, 1055
including, but not limited to, any action initiated pursuant to 1056
Sections 43-19-31 et seq. and 93-25-1 et seq. shall be deemed to 1057
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represent the interest of the State Department of Human Services 1058
exclusively; no attorney-client relationship shall exist between 1059
said attorney and any recipient of services pursuant to Title IV-D 1060
of the federal Social Security Act for and on behalf of a child or 1061
children, regardless of the name in which the legal proceedings 1062
are initiated. Said attorney representing the state in a Title 1063
IV-D case is only authorized to appear and prosecute and/or defend 1064
issues of support and cannot in a Title IV-D case address or 1065
provide representation to the Title IV-D recipient on any other 1066
ancillary issues raised or presented in that action. 1067
(4) Said assignment to the State Department of Human 1068
Services shall be free of any legal or equitable defense to the 1069
payment of child support that may accrue to any person legally 1070
liable for the support of any child or children receiving aid from 1071
the State Department of Human Services, as a result of the conduct 1072
of the person who is accepting public assistance for and on behalf 1073
of said child or children. 1074
SECTION 18. Section 43-19-101, Mississippi Code of 1972, is 1075
amended as follows: 1076
43-19-101. (1) The following child-support award guidelines 1077
shall be a rebuttable presumption in all judicial or 1078
administrative proceedings regarding the awarding or modifying of 1079
child-support awards in this state: 1080
Number Of Children Percentage Of Adjusted Gross Income 1081
Due Support That Should Be Awarded For Support 1082
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1 14% 1083
2 20% 1084
3 22% 1085
4 24% 1086
5 or more 26% 1087
(2) The guidelines provided for in subsection (1) of this 1088
section apply unless the judicial or administrative body awarding 1089
or modifying the child-support award makes a written finding or 1090
specific finding on the record that the application of the 1091
guidelines would be unjust or inappropriate in a particular case 1092
as determined under the criteria specified in Section 43-19-103. 1093
(3) The amount of "adjusted gross income" as that term is 1094
used in subsection (1) of this section shall be calculated as 1095
follows: 1096
(a) Determine gross income from all potential sources 1097
that may reasonably be expected to be available to the absent 1098
parent including, but not limited to, the following: wages and 1099
salary income; income from self-employment; income from 1100
commissions; income from investments, including dividends, 1101
interest income and income on any trust account or property; 1102
absent parent's portion of any joint income of both parents; 1103
workers' compensation, disability, unemployment, annuity and 1104
retirement benefits, including an Individual Retirement Account 1105
(IRA); any other payments made by any person, private entity, 1106
federal or state government or any unit of local government; 1107
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alimony; any income earned from an interest in or from inherited 1108
property; any other form of earned income; and gross income shall 1109
exclude any monetary benefits derived from a second household, 1110
such as income of the absent parent's current spouse; 1111
(b) Subtract the following legally mandated deductions: 1112
(i) Federal, state and local taxes. Contributions 1113
to the payment of taxes over and beyond the actual liability for 1114
the taxable year shall not be considered a mandatory deduction; 1115
(ii) Social security contributions; 1116
(iii) Retirement and disability contributions 1117
except any voluntary retirement and disability contributions; 1118
(c) If the obligated parent is subject to an existing 1119
court order for another child or children, subtract the amount of 1120
that court-ordered support; 1121
(d) If the absent parent is also the parent of another 1122
child or other children residing with him, then the court may 1123
subtract an amount that it deems appropriate to account for the 1124
needs of said child or children; 1125
(e) Compute the total annual amount of adjusted gross 1126
income based on paragraphs (a) through (d) of this subsection, 1127
then divide this amount by twelve (12) to obtain the monthly 1128
amount of adjusted gross income. 1129
Upon conclusion of the calculation of paragraphs (a) through 1130
(e) of this subsection, multiply the monthly amount of adjusted 1131
gross income by the appropriate percentage designated in 1132
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subsection (1) of this section to arrive at the amount of the 1133
monthly child-support award. 1134
(4) In cases in which the adjusted gross income as defined 1135
in this section is more than One Hundred Thousand Dollars 1136
($100,000.00) or less than Ten Thousand Dollars ($10,000.00), the 1137
court shall make a written finding in the record as to whether or 1138
not the application of the guidelines established in this section 1139
is reasonable. The court shall take into account the basic 1140
subsistence needs of the obligated parent who has a limited 1141
ability to pay. 1142
(5) Imputation of income shall not be based upon a standard 1143
amount in lieu of fact-gathering. In the absence of specific 1144
sufficient evidence of past earnings and employment history to use 1145
as the measure of an obligated parent's ability to pay, the 1146
recommended child-support obligation amount should be based on 1147
available information about the specific circumstances of the 1148
obligated parent. This can include, but is not limited to, such 1149
factors as assets, residence, job skills, educational attainment, 1150
literacy, age, health, criminal record and other employment 1151
barriers, and record of seeking work, as well as the local job 1152
market, the availability of employers willing to hire the 1153
obligated parent, prevailing earnings level in the local 1154
community, and other relevant factors in the case. 1155
(6) Unless extended or waived, the Department of Human 1156
Services shall review the appropriateness of these guidelines 1157
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beginning January 1, 1994, and every four (4) years thereafter and 1158
report its findings to the Legislature no later than the first day 1159
of the regular legislative session of that year. The Legislature 1160
shall thereafter amend these guidelines when it finds that 1161
amendment is necessary to ensure that equitable support is being 1162
awarded in all cases involving the support of minor children. 1163
(7) All orders involving support of minor children, as a 1164
matter of law, shall include reasonable medical support. Notice 1165
to the obligated parent's employer that medical support has been 1166
ordered shall be on a form as prescribed by the Department of 1167
Human Services. In any case in which the support of any child is 1168
involved, the court shall make the following findings either on 1169
the record or in the judgment: 1170
(a) The availability to all parties of health insurance 1171
coverage for the child(ren); 1172
(b) The cost of health insurance coverage to all 1173
parties. 1174
The court shall then make appropriate provisions in the 1175
judgment for the provision of health insurance coverage for the 1176
child(ren) and/or the pregnant mother of the unborn child in the 1177
manner that is in the best interests of the child(ren) or unborn 1178
child. If the court requires the custodial parent to obtain the 1179
coverage then its cost shall be taken into account in establishing 1180
the child-support award. If the court determines that health 1181
insurance coverage is not available to any party or that it is not 1182
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available to either party at a cost that is reasonable as compared 1183
to the income of the parties, then the court shall make specific 1184
findings as to such either on the record or in the judgment. In 1185
that event, the court shall make appropriate provisions in the 1186
judgment for the payment of medical expenses of the child(ren) in 1187
the absence of health insurance coverage. 1188
SECTION 19. Section 93-9-15, Mississippi Code of 1972, is 1189
brought forward as follows: 1190
93-9-15. The county court, the circuit court, or the 1191
chancery court has jurisdiction of an action under Sections 93-9-1 1192
through 93-9-49, and all remedies for the enforcement of orders 1193
awarding custody or for expenses of pregnancy and confinement for 1194
a wife, or for education, necessary support and maintenance, or 1195
funeral expenses for legitimate children shall apply. The 1196
defendant must defend the cause in whichever court the action is 1197
commenced. The court has continuing jurisdiction to modify or 1198
revoke an order and to increase or decrease amounts fixed by order 1199
for future education and necessary support and maintenance. All 1200
remedies under the Uniform Interstate Family Support Act, and 1201
amendments thereto, are available for enforcement of duties of 1202
support and maintenance under Sections 93-9-1 through 93-9-49. 1203
Parties to an action to establish paternity shall not be entitled 1204
to a jury trial. The court may also order the father to reimburse 1205
Medicaid for expenses of the pregnancy and confinement of the 1206
mother. 1207
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SECTION 20. Section 93-9-21, Mississippi Code of 1972, is 1208
brought forward as follows: 1209
93-9-21. (1) (a) In all cases brought pursuant to Title 1210
IV-D of the Social Security Act, upon written declarations of the 1211
mother, putative father, or the Department of Human Services made 1212
under penalty of perjury to the best of his or her knowledge, 1213
information and belief alleging paternity, the department may 1214
issue an administrative order for paternity testing which requires 1215
the mother, putative father and minor child to submit themselves 1216
for paternity testing. The department shall send the putative 1217
father a copy of the Administrative Order and a Notice for Genetic 1218
Testing which shall include the date, time and place for 1219
collection of the putative father's genetic sample. The 1220
department shall also send the putative father a Notice and 1221
Complaint to Establish Paternity which shall specify the date and 1222
time certain of the court hearing by certified mail, restricted 1223
delivery, return receipt requested. Notice shall be deemed 1224
complete as of the date of delivery as evidenced by the return 1225
receipt. The required notice may also be delivered by personal 1226
service upon the putative father in accordance with Rule 4 of the 1227
Mississippi Rules of Civil Procedure insofar as service of an 1228
administrative order or notice is concerned. 1229
(b) If the putative father does not submit to genetic 1230
testing, the court shall, without further notice, on the date and 1231
time previously set through the notice for hearing, review the 1232
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documentation of the refusal to submit to genetic testing and make 1233
a determination as to whether the complaint to establish paternity 1234
should be granted. The refusal to submit to such testing shall 1235
create a rebuttable presumption of an admission to paternity by 1236
the putative father. 1237
(c) In any case in which the Department of Human 1238
Services orders genetic testing, the department is required to 1239
advance costs of such tests subject to recoupment from the alleged 1240
father if paternity is established. If either party challenges 1241
the original test results, the department shall order additional 1242
testing at the expense of the challenging party. 1243
(2) In any case in which paternity has not been established, 1244
the court, on its own motion or on motion of the plaintiff or the 1245
defendant, shall order the mother, the alleged father and the 1246
child or children to submit to genetic tests and any other tests 1247
which reasonably prove or disprove the probability of paternity. 1248
If paternity has been previously established, the court shall only 1249
order genetic testing pursuant to Section 93-9-10. 1250
If any party refuses to submit to such tests, the court may 1251
resolve the question of paternity against such party or enforce 1252
its order for genetic testing as the rights of others and the 1253
interest of justice require. 1254
(3) Any party calling a witness or witnesses for the purpose 1255
of testifying that they had sexual intercourse with the mother at 1256
any possible time of conception of the child whose paternity is in 1257
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question shall provide all other parties with the name and address 1258
of the witness at least twenty (20) days before the trial. If a 1259
witness is produced at the hearing for the purpose provided in 1260
this subsection but the party calling the witness failed to 1261
provide the twenty-day notice, the court may adjourn the 1262
proceeding for the purpose of taking a genetic test of the witness 1263
before hearing the testimony of the witness if the court finds 1264
that the party calling the witness acted in good faith. 1265
(4) The court shall ensure that all parties are aware of 1266
their right to request genetic tests under this section. 1267
(5) (a) Genetic tests shall be performed by a laboratory 1268
selected from the approved list as prepared and maintained by the 1269
Department of Human Services. 1270
(b) The Department of Human Services shall publicly 1271
issue a request for proposals, and such requests for proposals 1272
when issued shall contain terms and conditions relating to price, 1273
technology and such other matters as are determined by the 1274
department to be appropriate for inclusion or required by law. 1275
After responses to the request for proposals have been duly 1276
received, the department shall select the lowest and best bid(s) 1277
on the basis of price, technology and other relevant factors and 1278
from such proposals, but not limited to the terms thereof, 1279
negotiate and enter into contract(s) with one or more of the 1280
laboratories submitting proposals. The department shall prepare a 1281
list of all laboratories with which it has contracted on these 1282
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terms. The list and any updates thereto shall be distributed to 1283
all chancery clerks. To be eligible to appear on the list, a 1284
laboratory must meet the following requirements: 1285
(i) The laboratory is qualified to do business 1286
within the State of Mississippi; 1287
(ii) The laboratory can provide test results in 1288
less than fourteen (14) days; and 1289
(iii) The laboratory must have participated in the 1290
competitive procurement process. 1291
SECTION 21. Section 93-5-24, Mississippi Code of 1972, is 1292
brought forward as follows: 1293
93-5-24. (1) Custody shall be awarded as follows according 1294
to the best interests of the child: 1295
(a) Physical and legal custody to both parents jointly 1296
pursuant to subsections (2) through (7). 1297
(b) Physical custody to both parents jointly pursuant 1298
to subsections (2) through (7) and legal custody to either parent. 1299
(c) Legal custody to both parents jointly pursuant to 1300
subsections (2) through (7) and physical custody to either parent. 1301
(d) Physical and legal custody to either parent. 1302
(e) Upon a finding by the court that both of the 1303
parents of the child have abandoned or deserted such child or that 1304
both such parents are mentally, morally or otherwise unfit to rear 1305
and train the child the court may award physical and legal custody 1306
to: 1307
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(i) The person in whose home the child has been 1308
living in a wholesome and stable environment; or 1309
(ii) Physical and legal custody to any other 1310
person deemed by the court to be suitable and able to provide 1311
adequate and proper care and guidance for the child. 1312
In making an order for custody to either parent or to both 1313
parents jointly, the court, in its discretion, may require the 1314
parents to submit to the court a plan for the implementation of 1315
the custody order. 1316
(2) Joint custody may be awarded where irreconcilable 1317
differences is the ground for divorce, in the discretion of the 1318
court, upon application of both parents. 1319
(3) In other cases, joint custody may be awarded, in the 1320
discretion of the court, upon application of one or both parents. 1321
(4) There shall be a presumption that joint custody is in 1322
the best interest of a minor child where both parents have agreed 1323
to an award of joint custody. 1324
(5) (a) For the purposes of this section, "joint custody" 1325
means joint physical and legal custody. 1326
(b) For the purposes of this section, "physical 1327
custody" means those periods of time in which a child resides with 1328
or is under the care and supervision of one (1) of the parents. 1329
(c) For the purposes of this section, "joint physical 1330
custody" means that each of the parents shall have significant 1331
periods of physical custody. Joint physical custody shall be 1332
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shared by the parents in such a way so as to assure a child of 1333
frequent and continuing contact with both parents. 1334
(d) For the purposes of this section, "legal custody" 1335
means the decision-making rights, the responsibilities and the 1336
authority relating to the health, education and welfare of a 1337
child. 1338
(e) For the purposes of this section, "joint legal 1339
custody" means that the parents or parties share the 1340
decision-making rights, the responsibilities and the authority 1341
relating to the health, education and welfare of a child. An 1342
award of joint legal custody obligates the parties to exchange 1343
information concerning the health, education and welfare of the 1344
minor child, and to confer with one another in the exercise of 1345
decision-making rights, responsibilities and authority. 1346
An award of joint physical and legal custody obligates the 1347
parties to exchange information concerning the health, education 1348
and welfare of the minor child, and unless allocated, apportioned 1349
or decreed, the parents or parties shall confer with one another 1350
in the exercise of decision-making rights, responsibilities and 1351
authority. 1352
(6) Any order for joint custody may be modified or 1353
terminated upon the petition of both parents or upon the petition 1354
of one (1) parent showing that a material change in circumstances 1355
has occurred. 1356
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(7) There shall be no presumption that it is in the best 1357
interest of a child that a mother be awarded either legal or 1358
physical custody. 1359
(8) Notwithstanding any other provision of law, access to 1360
records and information pertaining to a minor child, including, 1361
but not limited to, medical, dental and school records, shall not 1362
be denied to a parent because the parent is not the child's 1363
custodial parent. 1364
(9) (a) (i) In every proceeding where the custody of a 1365
child is in dispute, there shall be a rebuttable presumption that 1366
it is detrimental to the child and not in the best interest of the 1367
child to be placed in sole custody, joint legal custody or joint 1368
physical custody of a parent who has a history of perpetrating 1369
family violence. The court may find a history of perpetrating 1370
family violence if the court finds, by a preponderance of the 1371
evidence, one (1) incident of family violence that has resulted in 1372
serious bodily injury to, or a pattern of family violence against, 1373
the party making the allegation or a family household member of 1374
either party. The court shall make written findings to document 1375
how and why the presumption was or was not triggered. 1376
(ii) This presumption may only be rebutted by a 1377
preponderance of the evidence. 1378
(iii) In determining whether the presumption set 1379
forth in subsection (9) has been overcome, the court shall 1380
consider all of the following factors: 1381
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1. Whether the perpetrator of family violence 1382
has demonstrated that giving sole or joint physical or legal 1383
custody of a child to the perpetrator is in the best interest of 1384
the child because of the other parent's absence, mental illness, 1385
substance abuse or such other circumstances which affect the best 1386
interest of the child or children; 1387
2. Whether the perpetrator has successfully 1388
completed a batterer's treatment program; 1389
3. Whether the perpetrator has successfully 1390
completed a program of alcohol or drug abuse counseling if the 1391
court determines that counseling is appropriate; 1392
4. Whether the perpetrator has successfully 1393
completed a parenting class if the court determines the class to 1394
be appropriate; 1395
5. If the perpetrator is on probation or 1396
parole, whether he or she is restrained by a protective order 1397
granted after a hearing, and whether he or she has complied with 1398
its terms and conditions; and 1399
6. Whether the perpetrator of domestic 1400
violence has committed any further acts of domestic violence. 1401
(iv) The court shall make written findings to 1402
document how and why the presumption was or was not rebutted. 1403
(b) (i) If custody is awarded to a suitable third 1404
person, it shall not be until the natural grandparents of the 1405
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child have been excluded and such person shall not allow access to 1406
a violent parent except as ordered by the court. 1407
(ii) If the court finds that both parents have a 1408
history of perpetrating family violence, but the court finds that 1409
parental custody would be in the best interest of the child, 1410
custody may be awarded solely to the parent less likely to 1411
continue to perpetrate family violence. In such a case, the court 1412
may mandate completion of a treatment program by the custodial 1413
parent. 1414
(c) If the court finds that the allegations of domestic 1415
violence are completely unfounded, the chancery court shall order 1416
the alleging party to pay all court costs and reasonable 1417
attorney's fees incurred by the defending party in responding to 1418
such allegations. 1419
(d) (i) A court may award visitation by a parent who 1420
committed domestic or family violence only if the court finds that 1421
adequate provision for the safety of the child and the parent who 1422
is a victim of domestic or family violence can be made. 1423
(ii) In a visitation order, a court may take any 1424
of the following actions: 1425
1. Order an exchange of the child to occur in 1426
a protected setting; 1427
2. Order visitation supervised in a manner to 1428
be determined by the court; 1429
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3. Order the perpetrator of domestic or 1430
family violence to attend and complete to the satisfaction of the 1431
court a program of intervention for perpetrators or other 1432
designated counseling as a condition of visitation; 1433
4. Order the perpetrator of domestic or 1434
family violence to abstain from possession or consumption of 1435
alcohol or controlled substances during the visitation and for 1436
twenty-four (24) hours preceding the visitation; 1437
5. Order the perpetrator of domestic or 1438
family violence to pay a fee to defray the cost of supervised 1439
visitation; 1440
6. Prohibit overnight visitation; 1441
7. Require a bond from the perpetrator of 1442
domestic or family violence for the return and safety of the 1443
child; or 1444
8. Impose any other condition that is deemed 1445
necessary to provide for the safety of the child, the victim of 1446
family or domestic violence, or other family or household member. 1447
(iii) Whether or not visitation is allowed, the 1448
court may order the address of the child or the victim of family 1449
or domestic violence to be kept confidential. 1450
(e) The court may refer but shall not order an adult 1451
who is a victim of family or domestic violence to attend 1452
counseling relating to the victim's status or behavior as a 1453
victim, individually or with the perpetrator of domestic or family 1454
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violence, as a condition of receiving custody of a child or as a 1455
condition of visitation. 1456
(f) If a court allows a family or household member to 1457
supervise visitation, the court shall establish conditions to be 1458
followed during visitation. 1459
SECTION 22. This act shall take effect and be in force from 1460
and after July 1, 2026. 1461